Board refuses public discussion with Newcomb

Firefighter/paramedic Paul Newcomb was injured last year while moving a patient from bed to stretcher. Suffering a ruptured disc for the second time in his career, Newcomb has been unable to work since February 2010. Under a law that protects firefighters injured in the line of duty, Newcomb has been collecting his full salary of $50,821 from the town.

Newcomb, his attorney Robert J. Hennigan Jr. of Worcester and Daniel J. Hartwell, district vice president of the Professional Firefighters of Massachusetts met with the board of selectmen in executive session last week, but declined to do so at the board’s meeting this week.

“The board was aware that we wanted an open session,” Hennigan said. “We were prepared to have that.”

The board categorized their executive session that is closed to the public as falling under an exemption related to strategies for collective bargaining.

“This wasn’t a matter for collective bargaining,” Hennigan said. “We’re waiting to see if they contact us.”

The town’s position has been that Newcomb’s injury is a matter for worker’s compensation because it happened on paramedic duty, not as a firefighter. Complicating this are the dual roles as firefighter and EMT that all full-time Rutland firefighters are required to fill. In 2007, Newcomb was unable to work due to a disc that ruptured while working as a paramedic. In that case, he was paid his full salary.

Hennigan would not discuss any offer that has come from the town, or whether it would include Newcomb accepting workers compensation for his injury, an amount that would reduce his current payments by nearly half.

Any further action by Newcomb depends on what the town is going to do, Hennigan said.

“We’re waiting to see if they contact us,” he said. He did not rule out legal action against the town.